The purpose of this chapter is to make provision for assessing
and collecting bridge and/or major thoroughfare construction fees
as a condition of approval of a final subdivision map or as a condition
of issuing a building permit where such fees are to be collected for
the purposes of defraying the actual or estimated costs of constructing
bridges and/or major thoroughfares as provided by Section 66484 of
the Government Code.
(Prior code § 77.101)
This chapter provides an alternative system for doing the work
authorized by this chapter and the provisions of this chapter shall
not apply to or affect any other provisions of this code.
(Prior code § 77.103)
Whenever the following words are used in this chapter, they
shall have the meaning ascribed to them in this section:
means any portion of a city road which crosses a stream at
an elevation higher than the bed of the stream on a structure with
a single or multiple span with a total length of twenty feet or more.
means any location on a stream at which a bridge is contemplated
to be constructed pursuant to the flood control provisions of the
county general plan.
means a bridge, or an addition or improvement to a bridge,
which increases its traffic-carrying capacity.
means design, acquisition of right-of-way, administration
of construction contracts and actual construction.
means any person who has applied for a building permit which
affects property, any portion of which is located within an area of
benefit which has been established pursuant to this chapter.
means any roadway, other than a freeway or collector road
shown on the circulation element of the county general plan.
means any construction, improvement or widening of an existing
road which is necessary to carry projected traffic and includes design,
right-of-way acquisition and contract administration.
means any body of water or area subject to periodic inundation
for which a bridge crossing is required pursuant to the flood control
provisions of the circulation element of the county general plan.
means any person who submits for approval a final subdivision
map which affects property, any portion of which is located within
an area of benefit which has been established pursuant to this chapter.
(Prior code § 77.102)
After holding a hearing pursuant to this chapter, the city council may establish an area of benefit and may impose a reasonable charge on property within the area which, in the opinion of the city council, is benefitted by the construction of the bridge facility and/or major thoroughfare. The area of benefit may include land or improvements in addition to the land or improvements which are considered at such proceeding. The charge collected shall be paid to the city at the time of approval of any final subdivision map or of the issuance of a building permit for such property. Where a bridge facility and/or major thoroughfare has been constructed by contract pursuant to Section 12.12.100, disbursement of funds received by the city pursuant to such reimbursement contract may be made.
(Prior code § 77.104)
A.
At
any public hearing held pursuant to this chapter, the boundaries of
the area of benefit, the costs whether actual or estimated, and a
fair method of fee apportionment based on estimated traffic generation
in the next twenty years shall be established. A description of the
boundaries of the area of benefit, the costs whether actual or estimated
and the method of fee apportionment established at the hearing shall
be incorporated in a city council resolution, a certified copy of
which shall be recorded by the city council with the county recorder.
Such apportioned fees shall be payable as a condition of approval
of a final subdivision map or as a condition of issuing a building
permit for such property, or portions thereof. The city council may,
from time to time, call public hearings to ascertain whether a bridge
facility and/or major thoroughfare is required and to determine the
area of benefit of such bridge and/or major thoroughfare when a developer
proposes to develop land in a location substantially isolated by a
stream or served by major thoroughfare. Prior to establishing an area
of benefit, the city council shall adopt a resolution of intention
to establish such area and hold a public hearing thereon. The city
clerk shall notify owners of property within the proposed area of
the time and place of the hearing at least ten days prior to the date
thereof. Such hearings shall be open to the public and may be continued
from time to time. At such hearings all persons interested shall be
given an opportunity to be heard. The decision of the city council
shall be final and conclusive. At such public hearing, the boundaries
of the area of benefit, the costs, whether actual or estimated, and
a fair method of fee apportionment based on estimated traffic generation
in the next twenty years shall be established. The areas of benefit
may include land or improvements in addition to the land improvements
which are the subject of the subdivision map or building permit application
considered at such proceedings. A description of the boundaries of
the area of benefit, the costs, whether actual or estimated, and the
method of fee apportionment established at the hearing shall be filed
by the city council with the recorder. Such apportioned fees shall
be applicable to all property within the area of benefit and shall
be payable as a condition of approval of a final subdivision map or
as a condition of issuing a building permit for such property, or
portions thereof. Such fees shall be apportioned to benefiting properties
in proportion to the area of each ownership falling within the area
of benefit multiplied by a factor approved by the city council which
reflects the relative degree of benefit to the benefiting property.
B.
In
the case of major thoroughfares, the method of fee apportionment shall
not provide for higher fees on land abutting the proposed development,
except where the abutting property is provided direct usable access
to the major thoroughfare.
(Prior code § 77.105)
A.
At
any time not later than the hour set for hearing objections to the
proposed bridge facility and/or major thoroughfare, any owner of property
liable to be assessed for the work may make protests against the proposed
bridge facility and/or major thoroughfare or against the extent of
the area to be assessed or against both of them. Such protests must
be in writing and must contain a description of the property, in which
each signer thereof is interested, sufficient to identify the same
and if the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be accompanied
by written evidence that such signers are the owners of such property.
All such protests shall be delivered to the city clerk and no other
protests or objections shall be considered. Any protests may be withdrawn
by the owners making the same, in writing, at any time prior to the
conclusion of a public hearing.
B.
If
there is a written request filed with the city clerk by the owners
of more than one half of the area of the property to be benefited
by the improvement, and sufficient protests are not withdrawn so as
to reduce the area represented to less than one half of that to be
benefited, then the proposed proceedings shall be abandoned, and the
city council shall not, for one year from the filing of the written
protests, commence or carry on any proceedings for the same improvement
under the provisions of this chapter.
C.
If
any majority protest is directed against only a portion of the improvement,
then all further proceedings under the provisions of this chapter
to construct that portion of the improvement so protested against
shall be barred for a period of one year, but the city council shall
not be barred from commencing new proceedings, not including any part
of the improvement or acquisition so protested against. Nothing in
this chapter shall prohibit the city council, within such one year
period, from commencing and carrying on new proceedings for the construction
of a portion of the improvement so protested against if it finds,
by the affirmative vote of four fifths of its members, that the owners
of a majority of the property within the area of benefit are in favor
of going forward with such portion of the improvement or acquisition.
(Prior code § 77.106)
Whenever in any proceeding under this chapter a time and place
for any hearing by the legislative body is fixed and, from any cause,
the hearing is not then and there held or regularly adjourned to a
time and place fixed, the power of the legislative body in the premises
shall not thereby be divested or lost, but the legislative body may
proceed anew to fix a time and place for the hearing, and cause notice
thereof to be given by publication by at least one insertion in a
daily, semiweekly or weekly newspaper, such publication to be at least
five days before the date of the hearing, and thereupon the legislative
body shall have power to act as in the first instance.
(Prior code § 77.107)
Notice of any hearing held pursuant to this chapter shall be
given in accordance with Section 65905 of the Government Code. In
addition to the requirements of Section 65905 of the Government Code,
such notice shall contain preliminary information related to the boundaries
of the area of benefit, estimated cost and method of fee apportionment.
(Prior code § 77.108)
A.
No
final subdivision map shall be approved and no building permit shall
be issued if any portion of the property which is the subject of the
subdivision map or building permit is located in an area of benefit
established pursuant to this chapter, unless there has first been
paid the fee established and apportioned to said property, pursuant
to this chapter, for the purpose of defraying the actual or estimated
cost of constructing the bridge and/or major thoroughfare facilities.
B.
Nothing
in this chapter is intended to relieve a subdivider or applicant for
a building permit from the requirements, imposed under other provisions
of this code, to dedicate and improve roads as a condition of approval
of a tentative map or building permit.
C.
Notwithstanding the provisions of subsection A of this section, payment of such fees shall not be required:
1.
Unless,
for major thoroughfares, such major thoroughfares are in addition
to or a reconstruction of any existing major thoroughfares serving
the area at the time of the adoption of the area of benefit, and
2.
For
bridge facilities, unless the planned bridge facility is an original
bridge serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of
the area of benefit.
D.
Notwithstanding the provisions of subsection A of this section, payment of such fees shall not be required unless the planned bridge facility is intended to be constructed at a bridge crossing which is identified as such on the flood control provisions of the circulation element of the county general plan, or unless the planned major thoroughfare is intended to be constructed on a route shown on the circulation element of the county general plan; provided such provisions were adopted not less than thirty days prior to the filing of the subdivision map or application for building permit.
E.
Notwithstanding the provisions of subsection A of this section, payment of such fees shall not be required for the following:
1.
The
use, alteration or enlargement of an existing building or structure
or the erection of one or more buildings or structures accessory thereto,
or both, on the same lot or parcel of land; provided, however, that
the total value, as determined by the building official of all such
alteration, enlargement so construction which is completed within
any one-year period, shall not exceed one-half of the current market
value as determined by the building official of all existing buildings
or structures on such lot or parcel of land and if the alteration
or enlargement of the building is not such as to change its classification
of occupancy as defined by Section 501 of the Uniform Building Code;
2.
The
following accessory buildings and structures: Private garages, children's
playhouses, radio and television receiving antennas, windmills, silos,
tank houses, shops, barns, coops and other buildings which are accessory
to one-family or two-family dwellings;
3.
Outdoor
advertising;
4.
Agriculture
buildings;
5.
Oil
wells.
(Prior code § 77.109)
Whenever, pursuant to this chapter, a subdivider or land developer
is required to pay a fee for the construction of a bridge facility
and/or major thoroughfare as a condition precedent to the acceptance
of a final map, or as a condition of issuing a building permit, and
the bridge facility and/or major thoroughfare is dedicated to the
public, the city council may contract with the subdivider or land
developer for the construction of the bridge facility and/or major
thoroughfare and reimburse the subdivider or land developer for the
cost of constructing the bridge facility and/or major thoroughfare.
(Prior code § 77.110)
A.
Consideration
in lieu of the payment of fees may be accepted.
B.
Fees
shall be deposited in a planned bridge facility and/or major thoroughfare
fund. A separate fund shall be established for each area of benefit.
Moneys in such fund shall be expended solely for the construction
or reimbursement for construction of the bridge facilities and/or
major thoroughfares serving the area to be benefitted and from which
the fees comprising the fund were collected, or to reimburse the city
for the cost of constructing the bridge facilities and/or major thoroughfares.
C.
The
city may advance money from its general fund or road fund to pay the
cost of constructing the bridge facilities and/or major thoroughfares
and may reimburse the general fund or road fund for such advances
from planned bridge facility and/or major thoroughfares funds established
to finance the construction of such bridge facilities and/or major
thoroughfares.
D.
The
city may incur an indebtedness for the construction of bridge facilities
and/or major thoroughfares; provided, that the sole security for repayment
of such indebtedness shall be moneys in planned bridge facility and/or
major thoroughfare funds.
E.
The
city may contract with the subdivider or land developer for the construction
of the bridge and/or major thoroughfare and reimburse the subdivider
or land developer for the cost of constructing the facility.
F.
The
city may require or accept the dedication and/or improvement of right-of-way
along a major thoroughfare and may reduce the fees assessed against
that property by an amount equal to the cost of that right-of-way
and improvements as determined by the director of transportation if
the value of the right-of-way or improvements were included in the
calculation of the fee.
G.
No
property will be assessed a fee under this chapter for both a final
subdivision and a building permit.
(Prior code § 77.111)
